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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Claiming benefits after separation

8 replies

Onestepforwardseveryday · 29/08/2023 07:16

I have applied for divorce. Currently have a joint benefits claim with H. We get tax credits as H is only earning a few hundred pounds each month through self
employment (I am in employment). At what point do I need to switch to a single claim?
I’m assuming it will be a switch to universal credit when it goes to a single claim. We have children and I don’t earn enough to manage without top ups. I am going to be the resident parent when we manage to finalise the divorce and finances and sell the family home. Do I have to give him money when I have moved to a single parent benefit claim as he doesn’t earn enough to pay his debts and living costs. Trying to be fair to him without being unfair to myself and our children.

OP posts:
Hopinghonestly · 29/08/2023 07:37

No you dont pay him. He will open or have his own UC claim and get top ups too.

Hopinghonestly · 29/08/2023 07:38

You switch to sole claims as soon as you dont live together :)

patsy999 · 29/08/2023 07:53

If your separated and living in the same house, you can put a claim in now.
I did this with no problem.

Onestepforwardseveryday · 30/08/2023 09:04

Thanks for the replies.
l will check out wether he can open his own claim for anything. He doesn’t pay any rent or council Tax etc so I’m not sure if he will be entitled to anything on top of the few hundred pounds he makes from self employment.
Opening a single claim and closing our joint claim is likely to cause even bigger problems
between us and make it really difficult living in the same house. He will be livid if I don’t give him any money.
But I’m not sure what the legalities are of continuing in a joint claim whilst in the middle of a divorce. It feels like legally it should be a single claim even though we are living in the same house because getting divorced means you are no longer a couple.
I honestly can’t wait for divorce to come through so I can just be at peace in my own home and not be walking around full of anxiety worrying about causing an argument and being shouted at.

OP posts:
Trapped121 · 30/08/2023 14:43

patsy999 · 29/08/2023 07:53

If your separated and living in the same house, you can put a claim in now.
I did this with no problem.

Hiya, can I ask what evidence you needed to provide? I have separated from my husband but for numerous reasons (disabled child and the price of rent) neither of us can move out. I put a claim in as a single parent and it was declined as they believe we are still a couple. We aren't at all, sleep in separate rooms, don't eat together, don't spend any time together at all. Can barely speak to each other tbh. I told them I have instructed a solicitor to begin separation arrangements and they still think we are a couple. I have put a mandatory reconsideration in but not feeling hopeful but without it I am completely stuck and can't leave/move out.

patsy999 · 30/08/2023 14:46

I didn't need to provide any evidence. Just stated that we maintained separate households, like they said to do.

Onestepforwardseveryday · 30/08/2023 16:09

Trapped121 · 30/08/2023 14:43

Hiya, can I ask what evidence you needed to provide? I have separated from my husband but for numerous reasons (disabled child and the price of rent) neither of us can move out. I put a claim in as a single parent and it was declined as they believe we are still a couple. We aren't at all, sleep in separate rooms, don't eat together, don't spend any time together at all. Can barely speak to each other tbh. I told them I have instructed a solicitor to begin separation arrangements and they still think we are a couple. I have put a mandatory reconsideration in but not feeling hopeful but without it I am completely stuck and can't leave/move out.

If you apply for divorce then I think that is pretty conclusive evidence that you are no longer living as a couple.

OP posts:
Trenchfootinthescottishhighlandstoday · 30/08/2023 16:12

My solicitor asked me for an official date of separation.. The day I threw him out! I used that date to make a claim.

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